In April 2015, the General Counsel of the Internet Corporation for Assigned Names and Numbers (“ICANN”) sent a letter to the United States’ Federal Trade Commission (the “FTC”) and Canada’s Office of Consumer Affairs (the...more

The Chinese e-commerce industry is rapidly expanding, and the nation is the world’s second largest online retail market. The business-to-consumer industry in particular is expected to see record growth in the next few years....more

The Internet of Things: EU vs US guidance -
Reports from the European Commission and the FTC on privacy and security best practices for IoT - key issues and highlights...
Are IPRs impacting the pharmaceutical...more

On June 9, 2015, the Canadian Competition Bureau released updated draft Intellectual Property Enforcement Guidelines (IPEGs) for public comment. The comment period is open until August 10, 2015. It is the third publication of...more

The Ministry of Economy, Trade and Industry of Japan (METI) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (Guidelines), which apply to all online business operations in...more

Information security is a growing concern for companies and legal teams around the world. The rising tide of cybersecurity issues and insider threats pose great risks to a company’s crown jewels: its intellectual property....more

Brand name pharmaceutical companies have long stood in the way of generic pharmaceuticals entering the market. To keep generics at bay, brands have used a variety tactics, including ultimately unlawful ones like fraudulently...more

Few courts have addressed antitrust challenges to pharmaceutical “product hopping,” i.e., the practice of shifting customers from a drug nearing the end of its patent protection to a modified version that is covered by newer...more

On May 28, 2015, the FTC announced that it settled its longstanding antitrust suit against Cephalon, Inc., which is now owned by Teva Pharmaceutical Industries, Ltd. The FTC's suit alleged that Cephalon unlawfully protected...more

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation -
For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more

Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This Act adds Florida to the growing list of states with laws aimed at achieving transparency in online...more

The California Supreme Court issued a decision today in the Cipro antitrust cases, concluding that the analysis set forth by the U.S. Supreme Court in FTC v. Actavis applies to alleged “pay-for-delay” pharmaceutical patent...more

Tensions recently escalated in the United States and China’s ongoing exchange over online security and technology policies, as China adopted the first in a series of policies it previously approved at the end of last year. ...more

The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s...more

DOJ recently concluded that a standard-setting organization's proposal to update its policy regarding patents underlying its standards was pro-competitive. DOJ's analysis of the association's process and legal structure...more

L’Oreal’s Deceptive Advertising -
The Federal Trade Commission (“FTC”) accused L’Oréal of making deceptive advertising claims regarding the benefits of two of its product lines. L’Oréal claimed that its Génifique...more

On Monday, January 12, 2015, President Obama appeared at the Federal Trade Commission to announce the administration’s blitz of cyber security and privacy legislative and public policy initiatives, which will be discussed in...more

Implementing and Enforcing Online Terms of Use -
Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

FTC Takes on a Patent Troll -
Tackling the issue of patent trolls for the first time, the Federal Trade Commission charged MPHJ Technology Investments, LLC and its law firm Farney Daniels with making deceptive claims...more

On November 6, 2014, the Federal Trade Commission proposed a consent order that would settle charges against a patent assertion entity, MPHJ Technology Investments, LLC (“MPHJ”), and a law firm that represented MPHJ....more

The United States Court of Appeals for the Federal Circuit, in Washington, D.C., has ?dismissed the appeal of MPHJ Technology Investments, LLC from an order of the United States District Court in Vermont that favored the...more

E-COMMERCE -
Canada has a vibrant Internet community. Because of the great expansion of the Internet in Canadian homes and businesses, Canada and its provinces have, in recent years, regulated Internet activity and...more

It is no secret that many private class actions are filed as follow-on lawsuits to news reports, government investigations, regulatory developments, and identical earlier-filed class actions. But a recent gambit by the...more

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